NCLAT: Corporate Debtor’s Guarantor Liability Unchanged Despite Internal Adjustments Among Creditors  ||  NCLAT: Plea under IBC Section 7 Can't Be Restored After Corporate Debtor Pays Principal & Interest  ||  Delhi HC: Wife Can Be Denied Maintenance If She Fails To Submit Latest Salary Slips  ||  Kerala HC: Income of Parent Who Abandoned Family Shouldn’t Count For EWS Reservation Eligibility  ||  Gujarat HC: Writ Courts Interfering in Arbitral Procedure Orders Defies A&C Act’s Purpose  ||  Delhi HC: Plaintiff Doesn’t Have Vested Right to File Rejoinder under CPC  ||  J&K&L HC: Name Change Is Fundamental Right; Boards Must Consider Legal Documents, Not Reject Request  ||  SC: Administrative Delays by State Agencies Must Not Be Condoned  ||  Sc: When Sale Deed Is Void, Possession Suit Follows 12-Year Limitation under Article 65, Not Art 59  ||  SC: Preliminary Inquiry Report Can’t Stop Court from Directing FIR Registration    

Ct/Gd Rajender Singh vs. Union Of India &Ors. (Neutral Citation: 2024:DHC:314-DB) - (High Court of Delhi) (16 Jan 2024)

Transfer is an exigency of service which ought not to be interfered by a Court of law, especially, when it is pertaining to Armed Forces

MANU/DE/0303/2024

Service

The Applicant/ Petitioner, serving as a Constable in Sashastra Seema Bal [SSB] filed a writ petition challenging his transfer from New Delhi to Siddharth Nagar, Uttar Pradesh before present Court. The same was disposed of vide order and the petitioner was to make a representation for consideration before the concerned authorities.

Thereafter, the Petitioner filed the present writ petition seeking quashing of the order whereby he was transferred to 4th Battalion, Lucknow, Uttar Pradesh from 43rd Battalion, Siddharth Nagaras also the subsequent order rejecting his representation.

Prima facie, the present application is not maintainable as the writ petition has already been disposed of and the Petitioner has not assailed the subsequent order passed thereafter, which is a fresh cause of action.Even otherwise, the Petitioner has admittedly not alleged any bias or mala fide, vindictiveness on the part of the respondents or that there is any violation of any statutory requirements, rules, regulations.Moreover, the Petitioner has been unable to show as to what are the medical facilities required, which are exclusively available in Delhi and are not available in a city like Lucknow.

As per settled law, transfer is an exigency of service which ought not to be interfered by a Court of law, especially, when it is pertaining to Armed Forces, as they are the best judges who exercise their discretion and form an opinion thereon.

Accordingly, in view of the existing facts involved coupled with the settled position of law, the present application is dismissed.

Tags : TRANSFER   LEGALITY  

Share :        

Disclaimer | Copyright 2025 - All Rights Reserved